2021
Statelessness & Citizenship Review
3(1)
allegations’. 143 Worryingly, despite the lack of evidence, the decision to deport the
petitioners had been upheld by the trial court.
Throughout the 1950s, migration continued on both sides of the border with
Muslims moving to West Pakistan and Hindus moving from East Bengal to
India. 144 At the same time, the plight of minorities in both countries continued to
burden officials in both governments. High Commissioners’ reports to India
throughout the 1950s and early 1960s had large sections devoted to the condition
of minorities, particularly in East Pakistan. 145 Ten years after Partition, the Deputy
High Commissioner in Lahore was still running the DAV College camp for nonMuslims awaiting migration to India — the number of camp inmates actually
increased in 1956. 146 Pakistan’s first, short-lived Constitution declared Pakistan to
be an Islamic state (albeit with protections for minorities). This further cemented
the belief in India that Pakistan would not provide a fair deal for its minorities.
The High Commissioner of India made a point of mentioning that most
representatives from minority parties had voted against it and that it exacerbated
fears of ‘fanaticism’ in East Bengal. 147
A temporary lull in migration, following better relations between India and
Pakistan between 1958–62, sparked hopes that the displacements of Partition were
over but this proved illusory. In the early 1960s, the Central Government increased
the deportation of Muslims living in Assam after the 1961 census, launching the
Prevention from Infiltration from Pakistan scheme (‘Operation PIP’). This saw the
creation of the first Foreigners Tribunals in 1963, which were given the power to
summarily issue ‘Quit India’ notices to those adjudged foreigners. 148 Additionally,
by increasing surveillance and screening the inhabitants of all border districts in
Assam, Operation PIP made the border an intrusive reality in the lives of villagers.
Over 200,000 people were issued these notices. 149 In 1963, these numbers
prompted the Government of Pakistan to complain about a ‘sustained campaign
of eviction of Indian Muslims from Assam and Tripura’. 150 India responded
sharply by arguing that this was a response to uncontrolled Pakistani infiltration.
A few months later, in January 1964, riots in East Bengal (themselves provoked
by the theft of a hair of the prophet in Kashmir) provoked clashes in West Bengal,
143 Abida Khatoon v State of Uttar Pradesh [1963] AIR Allahabad 260: the only proof that could
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be given of the intention to emigrate was a statement made by the husband of the petitioner
who claimed that ‘when leaving for Pakistan, he had cast a lingering look behind to his native
country and cherished home’. On the contrary, the petitioners had left almost all their
belongings in India and had made no attempt to dispose of their property; this, however, was
only considered by the High Court.
The Prime Minister was kept informed of these numbers, as a series of files in the National
Archives suggests. Copy on hand with author.
The fortnightly reports from Dacca in 1960 and 1961, for instance, have a separate section
devoted to minority affairs, where they cover the condition of minorities and threats of
violence, often with subheadings like ‘Nightmare Haunts The Hindus’: Reports (Other than
Annual) From Dacca (Archived at Pakistan 6(32) RBI/60 196(d), National Archives of India).
Copy on hand with the author.
DAV College Camp, Lahore, For the Year 1957–58 (Archived at F7—57/pak-I, National
Archives of India, 1957–58). Copy on hand with the author.
Fortnightly Reports from Karachi, April 1956 (Archived at 3(71)/56 Pak-I, National Archives
of India, April 1956). Copy on hand with the author.
Government of Assam, White Paper on the Foreigners Issue (Web Page, 20 October 2012)
<https://cjp.org.in/wp-content/uploads/2018/10/White-Paper-On-Foreigners-Issue-20-102012.pdf>.
ibid 12.
Note from Pakistani Ministry of Foreign Affairs to the Indian High Commission in Pakistan,
8 August 1963 quoted in Bhasin (n 66) 7447–49.
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